- (1.) The instant writ petition has been filed challenging the order dated 18-2-1998 (Annexure 4), by which the State Government has taken over the school and appointed an Administrator in exercise of its powers under Section 10(1) of the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter called "the Act").
(2.) The main challenge by the petitioner Management Committee is that the Administrator contemplated by Section 10(1) of the Act is an Administrator to be appointed by the State Government and, therefore, should necessarily be an official of the State Government. The Administrator cannot be a private person and even if a private person/society is appointed as such, the same must be in consonance with rules 19.23 and 24 of the Rajasthan Non-Government Educational Institution (Recognition. Grand-in-aid and Service Conditions etc.) Rules, 1993 (hereinafter referred to as "the Rules, 1993").
(3.) The facts and circumstances giving rise to the case are that petitioner a registered society - was responsible for managing a non governmental aided institution, namely, Umed Senior Secondary School, Jodhpur, (hereinafter called "the School"), Respondent No. 1 issued a Show Cause Notice dated 17-4-1997 (Annexure 1) to the President of the petitioner society under Section 10(1) of the Act and before any final order could be passed in pursuance of the said show cause notice, the election of the Management Committee took place and the present committee stood elected in July, 1997. In pursuance to the said notice, petitioner filed the reply and also held a meeting with respondent No. 4, Special Secretary in the Education Department, on 26-8-1997. Petitioner received the impugned order dated 18-2-1998 (Annexure 4) passed by respondent No. 1, by which the respondent No. 3 was appointed as Administrator of the school.;